LD 1505
pg. 5
Page 4 of 12 An Act To Amend the Sentencing Laws Page 6 of 12
Download Bill Text
LR 2267
Item 1
 
1. Unless a court hearing is sooner held under subsection 2, at
the conclusion of the period of deferment, after notice, a person
who was granted deferred disposition pursuant to section 1348-A
shall return to court for a hearing on final disposition. If the
court finds person demonstrates by a preponderance of the evidence
that the person has complied with the court-imposed deferment
requirements, the court shall impose a sentence of unconditional
discharge under section 1346 sentencing alternative authorized for
the crime to which the person pled guilty and consented to in
writing at the time sentencing was deferred or as amended by
agreement of the parties in writing prior to sentencing, unless the
attorney for the State, prior to sentence imposition, moves the
court to allow the person to withdraw the plea of guilty. Except
over the objection of the defendant, the court shall grant the
State's motion. Following the granting of the State's motion, the
attorney for the State shall dismiss the pending charging
instrument with prejudice. If the court finds that the person has
inexcusably failed to comply with the court-imposed deferment
requirements, the court shall impose a sentencing alternative
authorized for the crime to which the person pled guilty.

 
2. If during the period of deferment the attorney for the
State has probable cause to believe that a person who was granted
deferred disposition pursuant to section 1348-A has violated a
court-imposed deferment requirement, the attorney for the State
may move the court to terminate the remainder of the period of
deferment and impose sentence. Following notice and hearing, if
the court finds attorney for the State proves by a preponderance
of the evidence that the person has inexcusably failed to comply
with a court-imposed deferment requirement, the court may
continue the running of the period of deferment with the
requirements unchanged, modify the requirements, add further
requirements or terminate the running of the period of deferment
and impose a sentencing alternative authorized for the crime to
which the person pled guilty. If the court finds that the person
has not inexcusably failed to comply with a court-imposed
deferment requirement, the court may order that the running of
the period of deferment continue or, after notice and hearing,
take any other action permitted under this chapter.

 
5. A summons must may be used to order a person who was
granted deferred disposition pursuant to section 1348-A to appear
for a hearing under this section. If the person can be located
and served with a summons, the attorney for the State may not
commence a hearing under this section by having the person
arrested, except that a person who fails to appear as required
may be arrested pursuant to a bench warrant or an order of after

Page 4 of 12 Top of Page Page 6 of 12
Additional Information
Amendments Public Hearings Committee Information
Other Documents Work Sessions Title & Section
Related Pages
Status for LD 1505 Search Bill Text Session Information
Bill Directory Search
Bill
Status		 Legislative Information
Download RTF (MS-Word) Maine Legislature
Office of Legislative Information
100 State House Station
Augusta, ME 04333		 voice: (207) 287-1692
fax: (207) 287-1580
tty: (207) 287-6826
Word Viewer for Windows Disclaimer